New South Wales Consolidated Acts

GAMING MACHINES ACT 2001 - SECT 59

59 Authorisation to keep gaming machines in hotel subject to primary purpose test

(1) An approved gaming machine cannot be authorised to be kept in a hotel unless the Authority is of the opinion that the hotel primary purpose test (as referred to in section 15 of the Liquor Act 2007 ) in respect of the hotel is satisfied.

(2) Without limiting the factors to which the Authority may have regard in determining whether or not the primary purpose test in respect of the hotel is satisfied, the Authority may have regard to any or all of the following--

(a) the proposed or actual physical layout of facilities in the hotel, including the positioning of any approved gaming machines in the hotel,

(b) the general manner in which gambling activities are to be conducted in the hotel,

(c) the general manner in which the overall business of the hotel is conducted.

(3) It is a condition of a hotelier's authorisation to keep approved gaming machines that the hotelier complies with the primary purpose test in respect of the hotel.

(4) If the Authority is of the opinion that a hotelier has failed to comply with the primary purpose test in respect of the hotel, the Authority may give a direction in writing to the hotelier requiring the hotelier to take remedial action specified in the direction within the time specified in the direction.

(5) The hotelier must comply with any such direction.

: Maximum penalty--100 penalty units.

(6) The Authority may revoke or vary a direction given under this section.